New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-19
SMALL HOPE FOR THE ROADS.
JUDGE COOLEY TO A TRAFFIC MANAGER.
THE FOURTH CLAUSE TO DIX GENERALLY ENFORCED
DEsPIrE ruE CoNsEoEENCEs.

The FOURTH CLAUSE TO DIX GENERALLY ENFORCED
DESPITE THE CONSEQUENCES.
WASHINGTON, May IL. Tho Interstate Commerce
Commission devoted some time today to nearing
arguments upon application OF the Queen ana Ores-
oent Railway system for q permanent suspension Oh
the fourth section OF the lntetsta law Jonn "
Gaul general manager of the system addressed 'ne
Commission. His road was willing and anxious 10
give the law fair trial. and only asked to De renewed
from Water competition; that meant the onio anu
Mississippi Rivers chiefly.
General Black, Commi, sicner of Pensions, repre-
sentng tho Board OF Managers of the National Voun
teer Soldiers Home, next appeared before tne 70"
mission asking for q suspension, modlhcauoh OF
some legal arrangementby which tho inmates OIL she
homesugt be permitted to continue the enjoyment OF
the haffare rates railroads.
Commissioner Morrison asked II the witness knew Oh
any prohibition the law the Commission was
willing that the roads should carry tho soldiers az
half-fare or no fare at all,
General Black believed that an intmation Dy inc
Commission 10 that effect would be sufficient
The application was discussed for lew moments w
the Commission, Mr.. Walker remarked that thero
was no objection made by the Law to charitable arrange
mentr by the railroads and Commissioner Bragg
suggested that it might be we'll TO have the matter
brought up In way pro forma" Tor decision Dy
the Commission. No final action was taken on the
application.
Representative Cabell of Virginia, appeared for
tho Board Trade of Danville, Va, and made
complaint against the Richmond ana Danyille Kali
road. Since that road had acquired control OF the
Virginia Midland Railroad he said, rates had been
greatly ad gancod and tho interests of the town
ruined. After Mr. Cabeu had spoken tho hearing was
adjouined for the day.
A letter deinlug the powers Of the Commission az
to certain cases was sent by Chairman Cooley TO-
day to j. A. Haney traffic manager OF the Minnesota
and Northwestern Railway Company. The Commis-
soner says in part,
The Commission IS in receipt Of telegram from ypn Oy
hs appeaSS 'S ned for The Of the
long and short haul clause In so lar as h aecls az certain
II relief could be without stretch oil author
ests Commission Arcat pleasure In granting T.
u. what evidently spRsas 70 you v SnS e SoyeS
thev arc that Interests soud nSS continue 70 s4
Congress in passing tho act decided that the rule should
doing be 70 have determnsd un ATTN IN
sjudsment any incidental injuries taat might now ITO"
G tho SSTss en T. Sav %S SErS
member OF the COMMISSION may Of the correctness OF
this determination Is OF no moment now ioT tnS anS
property and questioning OF by sny member Wos en o
few considerations which are obvious on the iaco OIL
Trs-I is obvious that the cases cOntemplaes IN
which the Commission u authorized to MAKE orusrs TOT a
facts make apart from the ordinary cases Inc
shall warrant relief but plainly intends una, I i1g
where only general reasons .poa. NAV be the conse
/
suspension was intended DO basel upon an Investigation
which should satisfy the commssioa at the case Wa ~ a.
for relief Jurisdiction OF tho commission TO make orders
ghrd must assumed that Congress intended ne gen
era Law IN IT'S main features nc eas 70 ne tSa
considers5io Sacrifices would necessarily be SUB
while the general law was beng established; 49,
In all such incidental injuries however great my
may be- arc ns9sss borne % Sr we general good
/ 4 le tod
remedy NJ ~ 20 'A'''''N
Judge Cooley goes on to relate the efforts made BY the
Commission to find out BY Investigation JUST "h"s "'
| exceptional were lie odds
Tho probability or tho certainty. that injury 70 cor
porlIons indy iduas viii result - not oy iem una
oreraons ID DO maea ground ior refer
Without gynS 1ne No ansistept with sound principles
government Congress has not inmated pu,pose 70 no
Prove generally and equally mschsyonS III Az teS SS
Tor that reason would Tho other hand And
have no PoSSs & a then he no
log upon aud therefore no eAsss referred y me
some temporary inye.uaatcn not as com
s ia, no epS.derable mschiOi oould follow allowing
oIsng cond ton OF tn1fs 70 a et ana tas
suie9 change tn G Law s me .nepS1y
such opportunity Cor 9srsi1 saay S sre s
been wanting II the new law had been le to operate
universally tho old state OF things would have been swept
Awsv al once Commission seeing Only WHAT MAJ Dson
su6staed would have been deprived Of The bss, and
comparison Ant not merely % enable II 70 pas,
anaV with knowledge the exceptional cases Out
also Inc prepare Il u make IN i peri9oa
might naturally De
,coI felt that IN whatever 10 was
doing on single application II was acting NOT less io
the particular and special relief
speak strongly aud earnestly Of the reasons LOT grant
to- yonr appllcaon In ortsr 70 warrant us beng
granied IL Is enough that the appion considered by
The Commission must
i'm each effect the giving OF reet 10 one
viii have upon Interests aud your knowledge OF iA
enable TO perceive tnht III some SOC
imn of the country granting OF one Application may
o lie roads 10 create necessity Iot
ibe ike relief 20 tho satisfaction OF one claim
bsxeltlng others which are equally nerltoous uh n.y.
are ali satsncd tho exception becomes INC RUE nut
when such result IL probable, Tie reasons LOT
20 make any temporary order are very eono1sns
cannot deliberately - enter upon hRh
ws Where 10 Nil appearance thore VIII DO no mating pace
within the limits OF is lawful jurisdiction. .,
,.nsiSn ~ the long hau clause OF NE statue II
moi TO be made by single compromising V'ot ,rt
mid Tho same result rcaohel or approached " o grant
a. Of ordsrs individual easeA IN NhatVeI
Commission do II must Keep In vie" 'no VI
the general ruo IT. ...,,.,rtoo,lo, IN oxnress any
az 10 what ought be the final conclusion upon
spncatIon Tho Commission Is not YET prepared 70 ga
OF tins answer 10 your tiegIh ~
merely place before you some o. ,i' i0' ~ ~